Scope
With written or verbal orders for goods, the buyer accepts the following “General Terms and Conditions” (hereinafter referred to as GTC).
Additional or different regulations must be made in writing.
Quantity deviations, partial deliveries
Production-related shortfalls or excess deliveries can occur without the customer being entitled to any claims. The quantities can differ from the order quantity by up to 15%.
In the case of partial deliveries that are made at the customer’s request or due to changes to the order, the purchaser is responsible for this. The originally agreed delivery date is decisive here.
Prices and transport costs
Value added tax (VAT) is not included in the sales prices. This also applies to the VOC incentive tax and the performance-based heavy vehicle tax (LSVA).
The statutory VOC incentive tax is 3.00 CHF / kg VOC. The VOC classification is given for the corresponding products.
All offers without explicit specification of the delivery conditions correspond to EXW (Incoterms 2010) Germany, other EU countries or Switzerland. (depending on the product)
The right to change prices is expressly reserved.
Payments are to be made within 30 days of the invoice date, without deductions, unless otherwise agreed in writing. Oral agreements must be made in writing.
Guarantee
André Industrial AG provides a one-year guarantee for the composition of the products supplied in accordance with the technical data sheets, as well as for their suitability for the expressly promised intended use.
Any further guarantee is excluded, in particular:
– Use or processing for an unknown purpose
– Incorrect storage and preparation of the products cf. TMB (technical data sheet)
– Use or admixture of unknown thinners or raw materials (third-party products)
– Further processing of the products and the resulting job reference
– Processing on faulty or not recommended, approved substrate material
All claims for damages as a result of defects in the purchased item are limited to the purchase price. A further liability is not accepted, especially not for the work carried out with the delivered material.
Containers and means of transport
All containers and outer packaging are non-returnable and cannot be taken back.
Returns of goods
André Industrial AG only accepts returns of goods postage paid after prior agreement and in perfect, original packaging. Opened containers and customer-specific products will not be returned.
Disposal costs for returns that have not been agreed upon are at the expense of the buyer.
The return delivery address must be clarified in advance.
Place of jurisdiction and applicable law
The place of jurisdiction for both contracting parties is CH-6370 Stans.
The legal relationship is subject to Swiss law to the exclusion of the United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods.
André Industrial AG, Hansmatt 32, 6370 Stans, Switzerland, June 2020